Your 1031 Exchange Failed. Now What?
Your 1031 exchange fell apart. Maybe the replacement property fell through or the 180 days ran out. The tax bill you deferred is suddenly back on the table.
Here is what happens next: how failed-exchange funds are returned, when partial deferral still applies, and the smart options for your next move.
Reverse 1031 Exchanges: Buying Your Replacement Property Before You Sell
Found the perfect replacement property but have not sold yours yet? A reverse 1031 exchange lets you buy first, but the IRS clocks and parking rules are unforgiving.
Here is how reverse exchanges work: the exchange accommodation titleholder, the 45-day identification and 180-day closing deadlines, costs to expect, and mistakes that blow the deferral.
How to Choose a Qualified Intermediary for Your 1031 Exchange
Your 1031 exchange depends on a company you may never meet holding your sale proceeds for up to 180 days. The QI industry is lightly regulated, and past failures wiped out investor deferrals.
Here is how to vet a qualified intermediary before you sign: six questions covering segregated accounts, dual-signature controls, fidelity bonds, financials, fees, and the fund-return process.
What Counts as “Like-Kind” Property in a 1031 Exchange?
"Like-kind" doesn't mean identical. Nearly all U.S. real property held for investment is like-kind to other real property. Learn the rules, the common traps, and where DSTs fit.
Can You 1031 Exchange Your Primary Residence?
Your home may be your biggest asset, but 1031 exchanges are for investment property, not primary residences. Homeowners have Section 121 instead. So when does a 1031 still work? Here is where the lines blur: converting a residence into a rental, the two-out-of-five-year rules, and the fact patterns where a 1031 exchange can still apply.
How DST Distributions Work
How do DST distributions work? Learn where the income comes from, how often it is paid, how it is taxed, and why distributions are never guaranteed.
DST Minimum Investment Amounts
Most DST offerings set minimum investments between $25,000 and $100,000. That number shapes how many properties you can diversify across in a single exchange. Here is what drives DST minimums, how they compare to buying property directly, and how to plan your allocation across one or more offerings before you commit.
Constructive Receipt and Your 1031 Exchange
Touch your sale proceeds, even briefly, and your 1031 exchange is dead. That is the constructive receipt rule, and it is stricter than most investors expect. Here is how constructive receipt works, why the qualified intermediary exists, the common mistakes that accidentally trigger it, and how to stay on the right side of the rule.
The 7 Deadly Sins of DSTs
The seven deadly sins of DSTs are the IRS restrictions from Revenue Ruling 2004-86 that limit what a Delaware Statutory Trust can do. Here is what 1031 investors should understand before exchanging into one.
TIC vs. DST: Which 1031 Replacement Property Fits You?
TIC vs. DST for a 1031 exchange: how tenants-in-common and Delaware Statutory Trust ownership differ on control, financing, minimums, and passivity.
DST vs. REIT: Which One Actually Qualifies for a 1031 Exchange?
DSTs and REITs both offer passive real estate exposure, but only one of them qualifies as 1031 replacement property. Confusing the two can wreck an exchange. Here is how DSTs and REITs differ for 1031 purposes, why REIT shares are not like-kind property, where the 721 UPREIT fits in, and what to ask before you invest.
Bonus Depreciation Is Back at 100%: What It Means for 1031 and DST Investors
Bonus depreciation is back at 100 percent, and it changes the math on DSTs and 1031 exchanges. Bigger first-year deductions are on the table again. Here is how 100 percent bonus depreciation works with DST investments, what it means for your exchange timeline, the limits to watch, and how to model the benefit.
What Is a 721 Exchange? UPREIT Exit Strategy
A 721 exchange lets DST investors contribute their interests to a REIT operating partnership tax-free. It is the most common exit path out of a DST. Here is how the 721 UPREIT transaction works, when sponsors offer it, the tradeoffs to weigh before you contribute your DST interest, and the tax forms involved.
Swap Till You Drop: Using 1031 Exchanges in Estate Planning
The oldest trick in the 1031 playbook: keep deferring gains for life, then let your heirs receive a stepped-up basis and erase them entirely.
The 1031 Exchange Survived the 2025 Tax Law
The 2025 tax law kept Section 1031 intact for real estate. Investors who feared the exchange was on the chopping block can breathe easier for now. Here is what the 2025 tax law changed, what it left alone, what it means for your next 1031 exchange or DST investment, and where to watch for future proposals.
Do You Have to Replace Your Mortgage in a 1031 Exchange?
In a 1031 exchange, you must replace the value you sold, including any debt paid off, with new debt or added cash — or trigger taxable boot. Here’s how the mortgage replacement rule works, with a clear example.
Partial 1031 Exchange: The Real Cost of Cash Out
Pulling some cash out of your exchange feels harmless. The tax math on that boot often says otherwise.
Can You 1031 Exchange a Vacation Home? The Personal Use Test
Vacation homes can qualify for 1031 treatment, but only if you meet the IRS’s personal-use and rental-day safe harbor. Here’s the math.
State Taxes and 1031 Exchange Clawback Rules
A federal 1031 exchange doesn’t always mean you’re off the hook at the state level. A handful of states track deferred gain and tax it back later.
The 200% and 95% Rules: Alternatives to the Three-Property Identification Method
Most investors know the three-property rule. Fewer know the 200% and 95% rules, and when each one actually works in your favor.